Board Proposes New Regulations On Earth Removal, Living Units

DURHAM — The planning and zoning commission has proposed new regulations on earth removal in subdivisions and accessory living units in farm buildings.

Town planner Geoffrey Colegrove said one of the proposed regulations is an effort to control excavation during the development of residential subdivisions. The regulation specifies that when a subdivision is being built, any excavation involving more than 1,000 cubic yards of material would require a separate permit.

Since a public hearing is required to receive an earth removal permit, residents living near the development area would get an opportunity to comment on the proposed activity.

Colegrove said that in recent years, some subdivisions have also required extensive earth removal, with some of the excavated sand and gravel actually sold or used off- site. ``This is, in effect, a double layer of criteria,'' he said.

The only comment at last week's public hearing on the proposed regulation was from Donna Read, who praised it as providing ``greater protection'' for residents who live near parcels proposed for development as large subdivisions.

Colegrove said the regulation on accessory units in farm buildings was prompted by a Higganum Road riding stable. The property owner wanted to create a small caretaker's residence in the stable, but zoning regulations prohibited it.

Colegrove said the proposed regulation -- similar to existing regulations allowing accessory dwelling units in commercial or industrial buildings -- would allow the accessory living unit in a farm building under a special permit approved by the commission.

Commission member Richard Eriksen said the regulation should be further revised to specify that the resident of the unit be an employee of the farm or stable, and that there be only one unit allowed per structure.

The commission continued the public hearing on the accessory unit regulation to its Oct. 2 meeting.